Statutory Rules
1976 No. 151
REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this twenty-second day of July 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf
of the Minister of State for Business and Consumer Affairs.
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Amendments of the Exports (Honey) Regulations†
First Schedule.
1. The First Schedule to the Exports (Honey) Regulations is amended—
(a) by omitting from sub-paragraph (b) of paragraph 3 of Part I the words “ forty-four gallons ” and substituting the figures and word “ 205 litres ”;
(b) by omitting from sub-paragraph (a) of paragraph 5 of Part I the words “ fifty-six pounds ” and substituting the figures and word “ 25.4 kilogrammes ”;
(c) by omitting from paragraph 7 of Part I the words “ seventy pounds ” and substituting the figures and word “ 32 kilogrammes ”; and
(d) by omitting from paragraph 3 of Part II the figure and word “ 2 inches ” and substituting the figure and word “ 5 centimetres ”.
Second Schedule.
2. The Second Schedule to the Exports (Honey) Regulations is amended by omitting from paragraph 4 the words “ six feet ” and substituting the figures and word “ 1.8 metres ”.
* Notified in the Australian Government Gazette on 26 July 1976.
† Statutory Rules 1964, No. 154, as amended by Statutory Rules 1966, No. 52; 1969, No. 36; 1971, Nos. 40 and 106; and 1972, No. 10.
Overview
The Statutory Rules 1976 No. 151, enacted by the Governor-General of the Commonwealth of Australia, represents a legislative instrument crafted to amend the Exports (Honey) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. These regulations were introduced to ensure consistency and accuracy in the measurement units for honey exports, reflecting the transition from imperial to metric measurements. The primary objective was to standardise the descriptions and measurements used in the export of honey, aligning them with international standards and ensuring clarity and precision in trade practices. This regulatory adjustment was made in response to the evolving needs of the trade sector and the global market, aiming to facilitate smoother international trade by reducing ambiguities that could arise from the use of different measurement systems.
Scope and Application
The Statutory Rules 1976 No. 151, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, pertain to the Exports (Honey) Regulations, focusing on the amendment of specific measurements and quantities related to the export of honey. These regulations apply to any person or entity involved in the export of honey from Australia, ensuring that all exports comply with the updated specifications outlined in the regulations. The amendments address the conversion of certain measurements from imperial to metric units, affecting the volume and weight standards for honey containers as well as the physical dimensions of containers themselves. This legislation has a national reach within Australia, governing the export activities across all states and territories. There are no stated exclusions or exemptions within the scope of these regulations, which apply uniformly to all honey exporters. The application of these regulations may also be extended or further detailed through subordinate instruments, which would provide additional implementation guidelines and specific enforcement measures.
Key Provisions
The key provisions of the Statutory Rules 1976 No. 151 involve amendments to the Exports (Honey) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. Specifically, the Regulations amend the First Schedule to the Exports (Honey) Regulations by modifying certain measurements and quantities in the existing regulations (Schedule 1, item 1). For instance, the Regulations change the volume measurement from “forty-four gallons” to “205 litres” in sub-paragraph (b) of paragraph 3 of Part I, and the weight measurement from “fifty-six pounds” to “25.4 kilograms” in sub-paragraph (a) of paragraph 5 of Part I. These changes are intended to bring the regulations up to date with metric standards, enhancing clarity and consistency.
The Regulations also impose specific obligations on parties involved in the export of honey. These obligations include ensuring that the honey exported adheres to the updated measurements and specifications as outlined in the amended Regulations. For example, exporters must now comply with the new metric standards for volume and weight, ensuring that their honey containers meet the revised specifications. Failure to adhere to these requirements could result in non-compliance with the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, potentially leading to legal consequences.
Breach of the amended Regulations could result in civil or criminal penalties, depending on the severity and intent of the violation. Under the Customs Act 1901, penalties for non-compliance can include fines and, in more severe cases, imprisonment. The exact penalties are not specified within the text of the Regulations but would be governed by the broader legal framework under which these Regulations operate. The penalties aim to deter non-compliance and ensure adherence to the updated export standards for honey.